Idea Wars
Philosophizing can be fun. As undergrads, perhaps through a philosophy class or maybe just during a night out, we often entertain far-fetched ideas and discuss them at length just for the fun of it (“What if our whole universe is just a single atom in another universe?” seemed to be a favorite with some of my friends). Such talks not only provide entertaining social exchanges but also mind-expanding exercise, enhancing both the flavor and substance of a good liberal arts education.
In law school, those discussions still happen. But there are major differences. Because law is like philosophy that matters.
That line always gets the biggest laugh at the “Introduction to Law School” talks that LEX hosts, but it does so because it’s true.
Let’s discuss why. Arguing about Thomas More’s Utopia or Plato’s Republic can be challenging and interesting, but it won’t get anyone out of prison or regain custody of a child. Law does. And when a medical malpractice victim has suffered a traumatic injury at the hands of an incompetent hospital staff member, she doesn’t call a philosopher. She calls a lawyer.
Law is where a society embodies its highest philosophical notions regarding truth, justice, freedom, choice and human dignity into tools that have hard-core, real-world consequences. Law calls upon all the intellectual powers that go into a philosophical discussion, but it doesn’t end there. It matters.
Accordingly, during law school, students are confronted with issues that require each individual to stake out some sort of philosophical basis for his or her point of view. Issues like abortion, capital punishment, same-sex marriage, drug use. Both in and out of the classroom, the idea wars get hotly debated. And that debate is all the hotter this time around, because—unlike that night out with the college friends—this time the full significance of those ideas is being brought to bear on the lives of actual human beings. A real person with a real name and a real face will live or die; a couple will marry or not; a child will or will not be born—all these human lives will be forever and fundamentally altered on the basis of which idea carries the day.
And that’s another reason why law school is cool.
(Original publication date: July 19, 2011 (LEX))